Sri V K Naveen vs Sri Krishnegowda on 5 November, 2018

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Karnataka High Court

Sri V K Naveen vs Sri Krishnegowda on 5 November, 2018

Bench: S. Sunil Dutt Yadav

                          -1-




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 05TH DAY OF NOVEMBER, 2018

                        BEFORE

     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

       WRIT PETITION NO.520 OF 2014 (GM-CPC)
Between:

1.     Sri. V. K. Naveen
       Aged about 39 years,
       S/o Sri Krishnegowda,
       Valagere Somanahalli,
       Nuggehalli Hobli,
       Channarayapatna Taluk,
       Hassan District-573 131.

2.     Sri. V. K. Chandru
       Aged about 36 years,
       S/o Sri Krishnegowda,
       Valagere Somanahalli,
       Nuggehalli Hobli,
       Channarayapatna Taluk,
       Hassan District-573 131.       ...Petitioners

(By Sri. Venkatesh R. Bhagat, Advocate)

And:
1.     Sri. Krishnegowda
       S/o Late Doddegowda,
       Aged about 69 years
2.     Smt. Bharathi @ Manjamma
       W/o. Mahalingegowda,
       Aged about 55 years
                            -2-




     R/o Baagivalu Village,
     Arasikere Taluk, Gandasi Hobli
     Hassan District-573 119.
3.   Smt. Vijaya Kumari
     W/o Chikkegowda,
     D/o Krishnegowda
     Aged about 34 years
4.   Smt. Dakshayini
     W/o Kumara,
     Aged 32 years,
     1, 3 and 4 are residents of
     Valagere Somanahalli Village,
     Nuggehalli Hobli,
     Channarayapatna Taluk,
     Hassan District - 573 131.
                                           ...Respondents
(By Sri. Vishnu Bhat, Advocate for R2 to R4;
   Notice to R1 - held sufficient vide order
   dated 03.01.2017.)

      This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to call for the
records in FDP No.20/2003 on the file of Additional
Civil Judge (Jr Dvn) Channarayapatna in connection
with impugned order dated 06.12.2013 passed on
I.A.No.14 at Annexure -A and etc.

      This writ petition coming on for Preliminary
Hearing in 'B' Group, this day, the Court made the
following:

                        ORDER

Learned counsel for respondent Nos.2 to 4 has filed a memo stating that writ petition was filed -3- challenging the order passed on I.A.No.14 in FDP No.20/2003. It is stated that FDP proceedings have come to an end by virtue of final decree drawn as per order dated 03.09.2015.

2. In view of the same, memo is filed stating that the petition has become infructuous.

3. Taking note of the memo and submission, the petition is disposed of as having become infructuous.

4. Needless to state that if the petitioner has a remedy of challenging the validity of the impugned order, liberty is reserved for such challenge before the appropriate appellate forum. All contentions are kept open.

Sd/-

JUDGE Mds/-

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